Could the Fate of Abortion Rights Be Decided by a Supreme Court Showdown over Mifepristone?

Two federal judges issued opposing rulings late last week on the use of the abortion pill mifepristone, setting up a possible Supreme Court showdown. Judge Matthew J. Kacsmaryk overturned the Food and Drug Administration's approval of mifepristone using an 1873 anti-vice law prohibiting abortion drugs from being sent by mail or other delivery service. This applies in states where it remains legal for a woman to terminate her pregnancy. The judge's opinion, featuring charged language such as "unborn humans," claimed the FDA ignored the safety risks of the alleged unsafe medication despite the FDA regulating mifepristone with restrictions reserved for only 60 drugs in the US. Mifepristone accounts for 50% of abortions in the US, and doctors caution that if Judge Kacsmaryk's decision is upheld, it could eliminate abortion rights across the country. The ruling could proceed to the Supreme Court, and last year it struck down Roe v. Wade.

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